Murder Trial: 'I Tried to Avoid Hitting Anybody,' Truck Driver Testifies

Gripping the wheel and pushing the brakes with ''all my strength,'' Marcos Costa tried helplessly to slow his out-of-control big rig as it raced down Angeles Crest Highway, the truck driver testified during his murder trial Friday.

Speaking through a Portuguese translator, the Brazilian-born Costa recounted the April 1, 2009 mountainous route that ended with his 25-ton, car-carrying truck crashing into multiple vehicles before ramming into the old on Foothill Boulevard.

Killed in the accident were Angel Posca and his 12-year-old daughter Angelina. The Palmdale residents were turning left onto the Crest from the 210 Freeway when Costa's 18-wheeler plowed into their Ford sedan. Costa, 46, is charged with two counts of second-degree murder, vehicular manslaughter and felony reckless driving.

"I panicked."

"I was desperate. I was panicked. I had a lot of cars passing by me on the left...I tried to avoid hitting anybody,'' said Costa, who testified that his brakes died just north of the golf course at

"My hope was that there was an emergency ramp,'' he told the 10-man, two-woman jury.

In 2009, there wasn't, nor were there signs prohibiting vehicles with more than three axles from driving on Angeles Crest Highway, defense attorney Edward Murphy has pointed out. Costa's court-appointed lawyer is arguing that the collision, while a horrific accident, was not an act of murder by his client, a pastor of 20 years. 

Deputy District Attorney Carolina Lugo has argued that Costa had a wanton disregard of human life because he continued on the narrow, mountainous route even after his brakes smoked--something that occurred far earlier in the day's trip, according to testimony from an off-duty firefighter who pulled over the rig.

Burning Brakes

Juan Palomino told the jury that he saw smoke issuing from the truck on Angeles Forest Highway, as well as smelled burning brakes. Palomino flagged down the truck because he deemed the rig too large to fit through an upcoming tunnel. Palomino spoke in English to Costa and his co-driver, Jose Soares, who had been behind the wheel since the men left the Palmdale area that morning. Both Soares and Costa are native Portuguese speakers.

Costa testified Friday that he understood some of what Palomino told them, but not all of it, so he asked Palomino to draw a map. The map indicated the men should take Upper Big Tujunga Canyon Road, instead of attempting the tunnel. Prior to using the map, Costa and Soares relied on their GPS to guide them from the Palmdale area, through the mountains, en route to Anaheim.

Due north of the Country Club, Costa testified, a red light flashed on his dashboard, a horn honked, and it appeared he was losing his brakes. As the truck continued down the steep grade, picking up speed, he could not change gears and the brakes completely failed. Costa tried honking the truck's horn, but it had lost pressure and made little noise, he said. 

He saw houses on each side of the road, as well as pedestrians and lots of other vehicles, but had no idea what to do, he testified.

"I prayed that God would stop the truck,'' he said.

Testimony continues Monday. Check back for full coverage on Patch.